This is just a case of it technically being illegal because of some bullshit rule that some executive thought of so be smarmy and clear all the loopholes. The reality? It causes many angry people, more money for microsoft, as it makes them have to reship the product to the customer, creates more waste, energy and materials for the packaging is needed.
To answer your question, yes, going by the set rule by microsoft, it is illegal. However, in a logical view standpoint, it saves time, money and energy to do it anyway.
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